Victorian Civil and Administrative Tribunal Rules 2008FILE/08-65sr037.docx · Web viewVictorian Civil and Administrative Tribunal Rules 2008. ... the meaning of the Victorian Civil

Version No. 037

Victorian Civil and Administrative Tribunal Rules 2008

S.R. No. 65/2008

Version incorporating amendments as at1 March 2017

TABLE OF PROVISIONSRule Page

Order 1—Preliminary 1

1.01 Object 11.02 Authorising provisions 11.03 Commencement 11.04 Revocation 11.05 Definitions 21.06 Dispensing with compliance 21.07 Default scale of costs 2

Order 2—Tribunal divisions and lists 3

Part 1—Divisions of the Tribunal 3

2.01 Divisions 32.02 Division Head 3

Part 2—Division lists 3

2.03 Lists 32.04 List Heads 42.04A Deputy list Heads 52.04B Assignment to cover short term absences 5

Part 3—Working arrangements 6

2.05 Entry of proceeding in list 62.06 Principal registrar may allocate proceedings to and transfer

proceedings from lists 72.07 Assignment of members 7

Order 3—Review jurisdiction 9

3.01 Form of application for order that statement of reasons be given for decision liable to review 9

3.02 Functions under section 47(1) of the Act to be exercised in review and regulation list of administrative division 9

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3.03 Number of copies of documents to be lodged 9

Order 4—General procedure 10

4.01 Provisions of Order to be subject to Orders 5, 6 and 7 104.02 Appointment of litigation guardian for a child 104.03 Form of application or referral 114.05 Lodgement of application or referral 114.05A Information in relation to respondents to accompany certain

applications 114.05B Information in relation to fee payer status to accompany

applications 124.06 Lodgement of other documents by electronic transmission 124.07 Notification of commencement and service of documents 134.08 Address for service of documents 134.08A Substituted service 144.08B Service on agent 144.09 Counterclaim 154.10 Direction to submit to medical or other examination 154.11 Notice of compulsory conference 154.12 Notice of mediation 164.13 Notice of hearing 164.14 Form of witness summons 164.15 Service of witness summons 164.16 Refusal to issue witness summons 164.17 Authentication of order 174.18 Application for correction of order 174.19 Re-opening an order 174.20 Extension or abridgment of time 194.21 Form of warrant of arrest 194.22 Form of warrant of committal 194.23 Alternative method of service of documents on party 194.24 Form of register of proceedings and matters to be contained

therein 194.25 Classes of persons disqualified from being a professional

advocate 204.26 Principal registrar's powers in relation to adjournment and

withdrawal of a proceeding 214.27 Time 214.28 Partners and firms 224.29 Service of process on partners and firms 224.30 Procedure for reduction, waiver, postponement, remission or

refund of fees payable 23

Order 5—Administrative division 25

Part 1—Planning and environment list 25

5.01 Tribunal may direct disclosure of valuation evidence 25

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5.02 Time within which statement of grounds must be lodged in case of proceeding under planning enactment 26

5.03 Applications to the planning and environment list 265.04 Referral of disputes—section 39(1) of the Planning and

Environment Act 1987 275.05 Additional requirement if document is served electronically 27

Part 2—Review and regulation list 27

5.06 Form of application 27

Order 6—Civil division 29

Part 2—Civil claims list 29

6.07 Application of these Rules to this List 296.09 Applications 296.10 Documents to accompany an application 306.11 Rejection of applications by principal registrar 31

Order 7—Human rights division 33

Part 1—Human rights list 33

Division 1—Complaints under the Equal Opportunity Act 1995—Transitional Rules 33

7.01 Application of Division 1 337.02 Notifications 347.03 Interlocutory applications 357.04 Additional functions of principal registrar 367.06 Jurisdictional hearings and functions under section 156 of the

Equal Opportunity Act 1995 37

Division 2—Applications under the Equal Opportunity Act 2010 and the Racial and Religious Tolerance Act 2001 37

7.07 Application of Division 377.09 Information for applications 37

Part 2—Guardianship list 38

7.10 Service by principal registrar 387.11 Form of register of proceedings and matters contained

therein 38

Order 7A—Residential tenancies division 39

Part 1—Residential tenancies list 39

7A.01 Definition 397A.02 Application of Part 397A.03 Mode of service 397A.04 Service before lodgement 39

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7A.05 Accompanying documents for electronic lodgement 407A.06 Applications 417A.07 Documents required to be included with certain applications 427A.08 Particulars to be provided with certain applications 447A.09 Additional particulars for certain applications 487A.10 Documents and particulars required for certain applications 507A.11 Form of notice under section 346 of the Residential

Tenancies Act 1997 517A.12 Warrant of possession 517A.13 Warrant of possession—Disability Act 2006 517A.14 Withdrawal of proceedings 517A.15 Re-opening an order 527A.16 Review of certain determinations and orders 52

Order 8—Trans-Tasman proceedings 54

8.01 Definitions 548.02 Application of Order 548.03 Application for order for use of audio link or audiovisual link 548.04 Service 558.05 Duty of applicant 558.06 Technical requirements 55

Order 9—Exercise of functions of tribunal by principal registrar 57

9.01 Principal registrar may exercise certain Tribunal functions 579.02 Delegation of functions by principal registrar under section

32A of the Act 59

Order 10—Procedure under the Vexatious Proceedings Act 2014 60

10.01 Definitions 6010.02 Application for leave to proceed under limited litigation

restraint order 6010.03 Application for leave to proceed under extended litigation

restraint order 6010.04 Application for leave to proceed under general litigation

restraint order 6010.05 Notice of application for leave to proceed 6110.06 Application for leave to apply for variation or revocation of

litigation restraint order 6110.07 Application to vary or revoke litigation restraint order 6110.08 Notice of application to vary or revoke litigation restraint

order 62

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Schedules 63

Schedule 1—Allocation of functions 63

Schedule 2—Forms 86

Schedule 3—Revoked Statutory Rules 114

═══════════════

Endnotes 116

1 General information 116

2 Table of Amendments 118

3 Amendments Not in Operation 121

4 Explanatory details 122

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Version No. 037


S.R. No. 65/2008

Version incorporating amendments as at1 March 2017

The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules:

Order 1—Preliminary1.01 Object

The object of these Rules is to regulate the practice and procedure of the Victorian Civil and Administrative Tribunal.

1.02 Authorising provisions

These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers.

1.03 Commencement

These Rules come into operation on 30 June 2008.

1.04 Revocation

The Rules set out in Schedule 3 are revoked.

1.05 Definitions

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Rule 1.05 (Heading) amended by S.R. No. 73/2010 rule 5(1).

In these Rules—

member in charge of a list means a presidential member or a senior member nominated to be in charge of a list in accordance with Rule 2.04;

the Act means the Victorian Civil and Administrative Tribunal Act 1998.

1.06 Dispensing with compliance

The Tribunal may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.

1.07 Default scale of costs

Unless the Tribunal otherwise orders, if the Tribunal makes an order as to costs, the applicable scale of costs is the County Court costs scale as defined in Rule 1.13 of Chapter I of the Rules of the County Court.

Note

Chapter I of the Rules of the County Court defines County Court costs scale to mean a fee, charge or amount that is 80 per cent of the applicable rate set out in Appendix A to Chapter I of the Rules of the Supreme Court.

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Rule 1.05 def. of member in charge of a list inserted by S.R. No. 73/2010 rule 5(2).

Rule 1.07 inserted by S.R. No. 71/2013 rule 5, substituted by S.R. No. 6/2015 rule 4.

Order 2—Tribunal divisions and lists

Part 1—Divisions of the Tribunal2.01 Divisions

(1) The Tribunal shall exercise its functions in divisions.

(2) For the purposes of subrule (1), the following divisions of the Tribunal are established—

(a) administrative division;

(b) civil division;

(c) human rights division;

(d) residential tenancies division.

2.02 Division Head

A presidential member nominated from time to time by the President shall be in charge of a division.

Part 2—Division lists2.03 Lists

(1) Each division of the Tribunal shall exercise its functions in lists.

(2) The following lists of the administrative division are established—

(a) legal practice list;

(b) planning and environment list;

Rule 2.01(2)(c) amended by S.R. No. 181/2014 rule 5(a).

Rule 2.01(2)(d) inserted by S.R. No. 181/2014 rule 5(b).

Rule 2.03(2) substituted by S.R. No. 16/2013 rule 5(1).

Order 1—Preliminary

Victorian Civil and Administrative Tribunal Rules 2008S.R. No. 65/2008

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(c) review and regulation list.

(3) The following lists of the civil division are established—

(a) building and property list;

(b) civil claims list;

(c) owners corporations list.

* * * * *

(4) The following lists of the human rights division are established—

(a) guardianship list;

(b) human rights list.

(4A) The residential tenancies list is established in the residential tenancies division.

(5) The functions to be exercised in each list are set out in Schedule 1.

(6) Any function capable of being exercised by the Tribunal that is not referred to in Schedule 1 is included in the review and regulation list of the administrative division.

2.04 List Heads

Rule 2.03(3) amended by S.R. Nos 154/2009 rule 5(1), 16/2013 rule 5(2)–(4), substituted by S.R. No. 35/2014 rule 5.

Rule 2.03(3)(c) amended by S.R. No. 181/2014 rule 6(1)(a).

Rule 2.03(3)(d) revoked by S.R. No. 181/2014 rule 6(1)(b).

Rule 2.03(4) amended by S.R. No. 154/2009 rule 5(2), substituted by S.R. No. 16/2013 rule 5(5).

Rule 2.03(4A) inserted by S.R. No. 181/2014 rule 6(2).

Rule 2.03(6) amended by S.R. No. 16/2013 rule 5(6).



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(1) A presidential member, or a senior member, nominated by the President shall be in charge of a list.

(2) The President may only nominate under subrule (1) a presidential member or senior member who, in the opinion of the President, has special knowledge of the law in relation to a class of matters in respect of which functions may be exercised in the list.

2.04A Deputy list Heads

(1) The President may nominate any member to be Deputy Head of a list.

(2) The President may only nominate under subrule (1) a member who, in the opinion of the President, has special knowledge of the law in relation to a class of matters in respect of which functions may be exercised in the list.

2.04B Assignment to cover short term absences

(1) The President may assign a presidential member or a senior member to be a member in charge of a list if the person who is ordinarily the member in charge of a list is, for a short term not exceeding 3 months—

(a) absent; or

(b) for any other reason, unable to perform the duties of a member in charge of a list.

(2) An assignment under subrule (1) cannot exceed 3 months.

(3) A presidential member or a senior member assigned as a member in charge of a list under subrule (1) has all the powers and may perform all the duties of the member in charge of the list for whom he or she is acting.

Rule 2.04(1) amended by S.R. No. 73/2010 rule 6(a).Rule 2.04(2) amended by S.R. No. 73/2010 rule 6(b).

Rule 2.04A inserted by S.R. No. 73/2010 rule 7, substituted by S.R. No. 38/2013 rule 5.

Rule 2.04B inserted by S.R. No. 38/2013 rule 5.



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(4) The President may at any time terminate an assignment under this rule.

Part 3—Working arrangements2.05 Entry of proceeding in list

(1) The principal registrar must cause a proceeding to be entered in a list.

(2) The President or a Vice-President may transfer a proceeding from a list to another list.

(3) At the request of—

(a) a party to the proceeding; or

(b) the principal registrar; or

(c) a member—

the member in charge of a list in which a proceeding is entered who may also be the member referred to in subparagraph (c) or, in the absence of that member in charge of a list, a member assigned to that list nominated by that member in charge of a list for the purposes of this subrule, may order the transfer of the proceeding from that list to another list.

(4) An order can only be made under subrule (3) with the consent of—

(a) the member in charge of the list to which the proceeding is to be transferred; or

(b) in the absence of that member in charge of a list, a member assigned to that list nominated by the member in charge of that list for the purposes of this subrule.

(5) An order under subrule (3)—


Rule 2.05(4)(a) amended by S.R. No. 73/2010 rule 8(2)(a).

Rule 2.05(4)(b) amended by S.R. No. 73/2010 rule 8(2)(b)(c).



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(a) may be made without the attendance of the parties to the proceeding; and

(b) may be made on such terms and conditions as the member in charge of a list or member who makes the order thinks fit; and

(c) may include an order for costs.

(6) The principal registrar or a member, with the written consent of the parties, may transfer a proceeding from a list to another list.

2.06 Principal registrar may allocate proceedings to and transfer proceedings from lists

(1) Despite Schedule 1 and anything to the contrary in rule 2.05 and subject to subrule (2), the principal registrar may—

(a) enter a proceeding in any list;

(b) transfer a proceeding under rule 2.05 from a list to any other list.

(2) The principal registrar may only act under subrule (1) with the consent of—

(a) the President; or

(b) the member in charge of the list to which the proceeding would have been entered if Schedule 1 applied and the member in charge of the list to which the proceeding is to be entered or transferred.

2.07 Assignment of members

(1) The President may assign a member other than a Vice President to one or more lists, whether or not the particular list is in the same division.

(2) In making an assignment of a member to a particular list, the President must have regard to any special knowledge or experience relevant to

Rule 2.05(5)(b) amended by S.R. No. 73/2010 rule 8(3).

Rule 2.06(2)(b) amended by S.R. No. 73/2010 rule 9.

Rule 2.07(1) amended by S.R. No. 16/2013 rule 6.



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determining the class of matters in respect of which functions may be exercised by the Tribunal in that list.

(3) An assignment under this rule must be in writing.

(4) A member, other than the President or a Vice-President, may only sit in a proceeding in a list to which he or she is assigned.

(5) An assignment under this rule continues to operate until—

(a) the President revokes the assignment under subrule (7); or

(b) the member ceases to be a member of the Tribunal.

(6) A member who is promoted under section 16A of the Act or appointed or re-appointed in an acting capacity under Division 3 of Part 2 of the Act does not need to be re-assigned under subrule (1).

(7) The President may revoke an assignment to one or more lists made under this rule at any time.

Rule 2.07(5) inserted by S.R. No. 38/2013 rule 6.





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Order 3—Review jurisdiction3.01 Form of application for order that statement of

reasons be given for decision liable to review

An application under section 47(1) of the Act must be in writing and must specify—

(a) the decision;

(b) the name and title of the decision-maker; and

(c) the date of the decision.

3.02 Functions under section 47(1) of the Act to be exercised in review and regulation list of administrative division

The functions of the Tribunal under section 47(1) of the Act are allocated to the review and regulation list of the administrative division.

3.03 Number of copies of documents to be lodged

The number of copies of a statement or document to be lodged for the purposes of section 49(1), 49(3) or 49(4) of the Act is—1.

Rule 3.02 (Heading) amended by S.R. No. 16/2013 rule 7(1).Rule 3.02 amended by S.R. No. 16/2013 rule 7(2).



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Order 4—General procedure4.01 Provisions of Order to be subject to Orders 5, 6

and 7

Subject to Orders 5, 6 and 7, this Order applies to any proceeding in the Tribunal.

4.02 Appointment of litigation guardian for a child

(1) A person is eligible to be appointed by the Tribunal as the litigation guardian of a child who is a party to a proceeding if the person—

(a) is not a person under a disability; and

(b) has no interest in the proceeding adverse to that of the child.

(2) An application by a person to be appointed as litigation guardian of a child must be in writing and must contain a certificate of the person applying to be appointed as litigation guardian or of the solicitor for the child that he or she knows or believes that—

(a) the person to whom the certificate relates is a child; and

(b) the person applying to be appointed as litigation guardian has no interest in the proceeding adverse to the person to whom the certificate relates.

(3) Where the interests of a party who is a child so require, the Tribunal may appoint or remove a litigation guardian or substitute another person as litigation guardian.


Rule 4.01 amended by S.R. No. 124/2013 rule 5(2).



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4.03 Form of application or referral

(1) An application to the Tribunal must be in the appropriate application form published on the Tribunal's website or available in hard copy from the registry.

(2) A referral to the Tribunal must be in the appropriate referral form published on the Tribunal's website or available in hard copy from the registry.

(3) A form referred to in subrule (1) or (2) may contain any necessary modification.

* * * * *

4.05 Lodgement of application or referral

(1) An application or referral to the Tribunal must be lodged with the principal registrar.

(2) An application or referral may be lodged with the principal registrar by post, facsimile or other electronic transmission.

4.05A Information in relation to respondents to accompany certain applications

(1) This Rule applies to an application to the Tribunal in one of the following lists—

(a) the building and property list;

(b) the civil claims list;

(c) the owners corporations list.

(2) For the purposes of section 67(1)(b) of the Act, an application to which this Rule applies must be accompanied by—

Rule 4.03 substituted by S.R. No. 35/2014 rule 14.

Rule 4.04 revoked by S.R. No. 35/2014 rule 15.

Rule 4.05A inserted by S.R. No. 124/2013 rule 6.

Rule 4.05A(1) substituted by S.R. No. 35/2014 rule 6.



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(a) in relation to any respondent that is a company incorporated under the Corporations Act, a record of a company search of the records maintained by the ASIC that shows the respondent's company name and the address of the respondent's registered office; and

(b) in relation to any respondent that is an incorporated association within the meaning of the Associations Incorporation Reform Act 2012, an extract of the register of incorporated associations kept under that Act that shows the respondent's registered name and registered address.

4.05B Information in relation to fee payer status to accompany applications

For the purposes of section 67(1)(b) of the Act, an application to the Tribunal by a person or entity (other than a natural person) who is a standard fee payer within the meaning of the Victorian Civil and Administrative Tribunal (Fees) Regulations 2016 must be accompanied by a statutory declaration as to the basis on which the person or entity is a standard fee payer.

4.06 Lodgement of other documents by electronic transmission

(1) A party to an application or referral, or a person seeking to have a fee waived or reduced under section 132(1) of the Act, may, by electronic transmission to the principal registrar, lodge with the Tribunal any document relevant to the application, referral or the seeking of a reduction or waiver of a fee.

(2) The principal registrar may refuse to accept any document if he or she considers the document is illegible.




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(3) The original of any document lodged with the Tribunal in accordance with this rule must be retained by or on behalf of the party on whose behalf it was lodged and provided to the Tribunal at the request of the principal registrar.

4.07 Notification of commencement and service of documents

(1) An applicant must serve a copy of an application or referral on each other party or other person entitled to notice of the application or referral under the Act, the enabling enactment or these Rules within 7 days after lodging the application or referral with the principal registrar.

(2) An applicant may make an application for leave to serve on a party or person outside Victoria (including outside Australia)—

(a) a copy of an application or referral under subrule (1); or

(b) an order or any other document in the course of a proceeding.

(3) If the applicant has expressed the wish to have the application for leave determined without attendance, the Tribunal constituted by a member who is a legal practitioner may determine the application on the papers.

(4) An order of the Tribunal made under subrule (3) that gives leave for service outside Victoria (including outside Australia) of an application, referral, order or any other document must specify the mode of service permitted.

4.08 Address for service of documents

(1) An applicant must provide an address for service of documents in Victoria when making an application or referral.


Rule 4.07 amended by S.R. No. 181/2014 rule 7(2) (ILA s. 39B(2)).

Rule 4.07(2) inserted by S.R. No. 181/2014 rule 7(2).





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(2) Any party other than the applicant must, not later than 14 days after becoming a party, file with the principal registrar a statement of that party's address in Victoria for the service of documents.

(3) Any party who wishes to change an address for service must notify the principal registrar and each other party that the party has a new address for service and notify that person of that address.

(4) An address for service may include a telephone number for the receipt of facsimile transmissions and an address for the receipt of other electronic transmissions.

4.08A Substituted service

(1) If for any reason it is impracticable to serve a document on a party or person outside Victoria (including outside Australia), the Tribunal may order that, instead of service, such steps be taken as the Tribunal specifies for the purpose of bringing the document to the notice of the party or person to be served.

(2) The Tribunal may make an order under subrule (1) despite the person or party to be served being outside Victoria (including outside Australia) or having been so when the proceeding commenced.

4.08B Service on agent

If a contract has been entered into by or through an agent residing or carrying on business within Victoria on behalf of a person or party residing or carrying on business outside Victoria (including outside Australia), service of a document in the course of a proceeding relating to or arising out of the subject matter of the contract may, by leave of the Tribunal, be made on the agent.

Rule 4.08A inserted by S.R. No. 181/2014 rule 8.




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4.09 Counterclaim

(1) Subject to the provisions of any Act or regulation, a counterclaim by one party against another party in a proceeding must be—

(a) in writing and contain any particulars required by these Rules; and

(b) accompanied by any documents or further information required by these Rules; and

(c) lodged in the same manner as an application.

(2) Unless otherwise provided by these Rules or ordered by the Tribunal, the party making the counterclaim must serve a copy of it on each other party within 7 days after lodgement.

4.10 Direction to submit to medical or other examination

(1) If the physical or mental condition of a party is relevant to a proceeding, the Tribunal may direct the party to submit to a medical, psychological or other examination by an expert whom another party proposes to call as a witness or otherwise as the Tribunal directs.

(2) The Tribunal may only make a direction under subrule (1) if satisfied—

(a) that the examination is reasonably necessary in the interests of justice; and

(b) that there are no less restrictive means available to determine the party's physical or mental condition.

4.11 Notice of compulsory conference

Unless the Tribunal, by order, has specified the time and place of a compulsory conference, the principal registrar must give notice of a compulsory conference in writing and in

Rule 4.11 amended by S.R. No. 80/2016 rule 5.



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accordance with any other requirement of these Rules.

4.12 Notice of mediation

Unless the Tribunal, by order, has specified the time and place of a mediation, the principal registrar must give notice of a mediation in writing and in accordance with any other requirement of these Rules.

4.13 Notice of hearing

Unless the Tribunal, by order, has specified the time and place for the hearing of a proceeding, the principal registrar must give notice of the time and place for the hearing of a proceeding in writing and in accordance with any other requirement of these Rules.

4.14 Form of witness summons

A witness summons must be in Form 4 in Schedule 2 and must be issued by the principal registrar under the seal of the Tribunal.

4.15 Service of witness summons

(1) A witness summons must be served—

(a) by the party who requested its issue, unless the Tribunal directs otherwise; or

(b) if it is issued at the initiative of the principal registrar or the Tribunal, as directed by the Tribunal.

(2) When a summons is served, a sufficient sum is to be provided as conduct money.

4.16 Refusal to issue witness summons

If the principal registrar refuses to issue a witness summons at the request of a party, the principal registrar must inform the party of the right to





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apply to the Tribunal for a direction that a summons be issued.

4.17 Authentication of order

An order of the Tribunal is authenticated in accordance with section 116(1)(b) of the Act by—

(a) being signed by a member of the Tribunal or the principal registrar and having the seal of the Tribunal affixed; or

(ab) affixation of a member's electronic signature by or on behalf of the principal registrar, if so authorised by a member, and having the seal of the Tribunal electronically affixed; or

(b) if the order is entered into a computerised data storage or retrieval system, a member of the Tribunal or the principal registrar entering confirmation of the order into that system.

4.18 Application for correction of order

A party who applies for the correction of an order of the Tribunal must do so in writing, giving particulars of the claimed mistake, error, miscalculation, misdescription or defect.

4.19 Re-opening an order

(1) An application for review of an order under section 120 of the Act must be made within 14 days after the applicant becomes aware of the order.

(2) No more than one application may be made under section 120 of the Act by the same person in respect of the same matter without leave of the Tribunal.

Rule 4.17(ab) inserted by S.R. No. 38/2013 rule 7(1).

Rule 4.17(b) amended by S.R. No. 38/2013 rule 7(2).



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(3) An application under section 120 of the Act must—

(a) state—

(i) the name, current address, telephone number and facsimile number (if any) of the applicant; and

(ii) the number of the original proceeding for which the review is requested; and

(iii) the date on which and the manner in which the applicant became aware of the order in respect of which a review is requested; and

(iv) the applicant's reasons for not attending or not being represented at the original hearing; and

(b) exhibit any documents in support of the matters referred to in subparagraphs (a)(i), (ii), (iii) and (iv).

(4) On the lodgement of an application under section 120 of the Act the principal registrar—

(a) may require the applicant to comply with the requirements of subrule (3) by requesting the applicant to provide information as referred to in that subrule; and

(b) must advise the applicant and the other parties by notice of the procedures of the


Rule 4.19(3)(a) amended by S.R. No. 81/2016 rule 6(1).


Rule 4.19(4)(a) amended by S.R. No. 81/2016 rule 6(2).



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Tribunal with respect to the future conduct of the application.

4.20 Extension or abridgment of time

(1) The Tribunal may exercise any of the powers referred to in section 126(2) of the Act in any proceeding.

(2) For the purposes of section 126 of the Act, all the enactments mentioned in Schedule 1, any other enactments which confer jurisdiction on the Tribunal and any regulations made under any of those enactments, are specified to be relevant enactments.

4.21 Form of warrant of arrest

For the purposes of section 137(2)(b) of the Act, the prescribed form of warrant is Form 5 of Schedule 2.

4.22 Form of warrant of committal

A warrant of committal must be in Form 6 in Schedule 2.

4.23 Alternative method of service of documents on party

In any case where section 140 of the Act provides that a notice, order or other document may be served on or given to a person by sending it to the person at an address specified by that section, the notice, order or other document may, if the person is a party, be instead sent by post, facsimile or other electronic transmission to the current address for service of documents of that person.

4.24 Form of register of proceedings and matters to be contained therein



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The register may be kept in written or electronic form and shall contain, in respect of each proceeding commenced in the Tribunal—

(a) a number identifying the proceeding;

(b) the names of the parties;

(c) a reference to the statutory provision conferring the relevant jurisdiction on the Tribunal;

(d) if the proceeding is withdrawn, the date of withdrawal;

(e) particulars of any final determination or order made by the Tribunal.

4.25 Classes of persons disqualified from being a professional advocate

(1) For the purposes of section 62(8) of the Act, a person is disqualified from being a professional advocate if—

(a) the person, being or having been a legal practitioner, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional standards, whereby the person is not currently permitted to practise; or

(b) the person, being or having been a licensed estate agent or an agent's representative under the Estate Agents Act 1980, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of



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another breach of professional standards, whereby the person is not currently permitted to practise as a licensed estate agent or an agent's representative under that Act; or

(c) the person, either not being or having been a legal practitioner, or a licensed estate agent or an agent's representative under the Estate Agents Act 1980, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth or under the rules of a professional or occupational association or other body relevant to the person and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional or occupational standards.

(2) A person referred to in subrule (1)(c) is disqualified from being a professional advocate unless a Presidential member makes an order that the professional misconduct (by whatever name called) or breach of professional standard was not of such gravity as to justify the disqualification of the advocate.

4.26 Principal registrar's powers in relation to adjournment and withdrawal of a proceeding

(1) The principal registrar, on the application of a party and with the consent of the other parties, may adjourn the hearing of a proceeding.

(2) The principal registrar may hear and determine an application by consent of the parties for adjournment or withdrawal of a proceeding before the hearing commences.

4.27 Time

Rule 4.27 inserted by S.R. No. 16/2013 rule 8.



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(1) Unless the contrary intention expressly appears, any period of time fixed by the Act or these Rules in relation to a proceeding or in any order in a proceeding shall be calculated in accordance with this Rule.

(2) Where a time of one day or longer is to begin on, or be calculated from, a day or event, the day or the date of the event shall be excluded.

(3) Where a time of one day or longer is to end on, or be calculated to, a day or event, the day or date of the event shall be included.

(4) Where the last day for doing any act at the Tribunal is a day on which the Tribunal registry is closed, the act may be done on the next day the Tribunal registry is open.

(5) In calculating the time fixing, extending or abridging the time that any document must be lodged or filed with the Tribunal, a document that is lodged or filed after 4.00 p.m. or on any day that the Tribunal registry is closed is taken to have been lodged or filed on the next day the registry is open.

(6) Subrule (5) does not apply to an application to commence a proceeding or any other originating process.

4.28 Partners and firms

Where two or more persons carry on business as partners within Victoria, a proceeding may be commenced by or against them in the name of the firm (if any) of which they were partners when the cause of action accrued.

4.29 Service of process on partners and firms

A notice, order or document in a proceeding commenced against partners in the firm named





22

under Rule 4.28 may be served on or given to the partners and the firm by—

(a) serving it on any one or more of the partners in any manner in accordance with section 140(1)(a) of the Act; or

(b) sending it by post, facsimile or other electronic transmission to the firm at its last known business address; or

(c) leaving it at the firm's usual or last known business address with a person on the premises who is apparently at least 16 years old and apparently employed there.

4.30 Procedure for reduction, waiver, postponement, remission or refund of fees payable

(1) For the purposes of section 132 of the Act, a party to a proceeding, or a person intending to commence a proceeding, may apply to the principal registrar for the reduction, waiver, postponement, remission or refund of—

(a) a fee paid or payable under the Act or the regulations; or

(b) a fee or charge for services provided by the Tribunal of a kind not referred to in paragraph (a).

(1A) If an application referred to in subrule (1) is an application for the reduction, waiver, postponement, remission or refund of a fee or charge on the grounds of hardship, the applicant must be a natural person.




Rule 4.30(1A) inserted by S.R. No. 81/2016 rule 7(2).



23

(2) The application for the reduction, waiver, postponement, remission or refund of a fee or charge must be in the form provided on the website of the Tribunal.

(3) An applicant must provide any additional information in relation to an application for reduction, waiver, postponement, remission or refund of a fee or charge paid or payable if requested to do so by the principal registrar or a registrar.

(4) If an application for the reduction, waiver, postponement, remission or refund of a fee or charge paid or payable is rejected in whole or in part by a registrar, the applicant may apply to the principal registrar for review of that determination.

(5) In considering an application for review under subrule (4), the principal registrar—

(a) may request the applicant to provide any additional information in relation to an application; and

(b) must either—

(i) affirm the determination of the registrar; or

(ii) make a determination reducing, waiving, postponing, remitting or refunding the fee or charge paid or payable in substitution of the determination of the registrar.




Rule 4.30(5)(b)(ii) amended by S.R. No. 81/2016 rule 7(4).



24

Order 5—Administrative division

Part 1—Planning and environment list

5.01 Tribunal may direct disclosure of valuation evidence

(1) This rule applies to—

(a) a proceeding under the Land Acquisition and Compensation Act 1986 or a proceeding to which that Act applies; and

(b) a proceeding under Part III of the Valuation of Land Act 1960 or a proceeding to which that Part applies.

(2) A member of the Tribunal may direct that each party to a proceeding to which this rule applies give to the other party—

(a) the names of the valuers it proposes to call;

(b) the amount of the valuation placed by each valuer on the land that is the subject of the appeal; and

(c) details of all sales and rentals relied upon by the valuer in arriving at the valuation.

(3) The member may give such a direction at any time—

Order 5 (Heading and rules 5.01–5.09) amended by S.R. Nos 117/2010 rule 5, 1/2012 rule 4, substituted as Order 5 (Heading and rules 5.01–5.07) by S.R. No. 16/2013 rule 9.




25

(a) on application by any party; or

(b) of his or her own motion.

(4) If such a direction is given, a party may not call or rely on, without the leave of the Tribunal—

(a) any valuer whose name was not given to the other party; or

(b) any evidence of sales or rentals that was not given to the other party.

5.02 Time within which statement of grounds must be lodged in case of proceeding under planning enactment

A person who is required by clause 56(1) of Schedule 1 to the Act to lodge with the Tribunal a statement of the grounds on which the person intends to rely at the hearing of a proceeding must lodge the statement with the Tribunal—

(a) within the period directed by the Tribunal; or

(b) if there is no direction, within 14 days after being served with notice of the proceeding.

5.03 Applications to the planning and environment list

(1) An application to the planning and environment list—

(a) must be in writing; and

(b) must contain the following details with respect to the applicant and the respondent—

(i) full name; and

(ii) address for service; and

* * * * *



Rule 5.03(1)(c) revoked by S.R. No. 81/2016 rule 8.



26

(d) must contain a brief description of the issue or matter in dispute; and

(e) must state the remedy being sought from the Tribunal.

* * * * *

5.04 Referral of disputes—section 39(1) of the Planning and Environment Act 1987

(1) A referral under section 39(1) of the Planning and Environment Act 1987 must comply with the requirements set out in rule 5.03.

(2) The referral must also contain—

(a) the date on which the person became aware of the alleged failure to comply; and

(b) the name of the Minister, planning authority or panel alleged to have failed to comply with Division 1, 2 or 3 of Part 3, or Part 8, of the Planning and Environment Act 1987.

5.05 Additional requirement if document is served electronically

An applicant in a proceeding under an enactment set out in clause 4 in Part 1 of Schedule 1 who serves the initiating document in that proceeding on another person by electronic transmission must, within 24 hours of sending the transmission to that person, deliver or send by post to that person a copy of that document.

Part 2—Review and regulation list5.06 Form of application

Rule 5.03(2) revoked by S.R. No. 35/2014 rule 16.






27

(1) An application under an enactment allocated to the review and regulation list for a disciplinary inquiry must—

(a) be in writing; and

(b) state the person who is the subject of the application.

* * * * *

* * * * *

Rule 5.06(1)(b) amended by S.R. No. 81/2016 rule 9.


Rule 5.07 substituted by S.R. No. 16/2013 rule 9, revoked by S.R. No. 38/2013 rule 8.



28

Order 6—Civil division

* * * * *

Part 2—Civil claims list6.07 Application of these Rules to this List

(1) This Part applies to a proceeding in the civil claims list.

(2) Rules 4.03, 4.07 and 4.08 do not apply to a proceeding to which this Part applies.

* * * * *

6.09 Applications

An application in the civil claims list must be in writing and contain the following information—

(a) the name, address and telephone and other contact details (including registration or identifying numbers if relevant) for the applicant and all respondents and any other parties the applicant claims have an interest in the matter;

Order 6 (Heading) amended by S.R. No. 16/2013 rule 10(1).

Order 6 Pt 1 (Heading and rules 6.01–6.06) amended by S.R. No. 97/2011 rules 5, 6, revoked by S.R. No. 16/2013 rule 10(2).

Rule 6.08 revoked by S.R. No. 105/2013 rule 6.



29

(b) if the goods are mortgaged or leased, the name, address, telephone and other contact details of any credit provider who has an interest in the goods;

(c) a brief history of the dispute sufficient to inform the other parties what the application is about;

(d) the remedy sought, including the amount if it is a monetary claim;

(e) copies of documents upon which the applicant relies.Note

See also rule 6.07.

6.10 Documents to accompany an application

For the purposes of section 67(1)(b) of the Act, in applications to which this Part applies, the documents required to accompany an application are—

(a) an extract of a business name of any respondent or any interested party which is not a company but has a registered business name; and

(b) additionally, in the case of an application under section 45(2) of the Motor Car Traders Act 1986—

(i) a copy of the agreement for the sale of the motor car; and

(ii) a copy of any contract for finance concerning the purchase of the motor car; and




30

(iii) any other documents the applicant has in the applicant's possession concerning the purchase of the motor car or any ancillary or incidental items in association with that purchase.

6.11 Rejection of applications by principal registrar

For the purposes of section 71(2) of the Act, a requirement by the applicant that the principal registrar refer the application to the Tribunal for review of the rejection must be in writing received within 7 days after the applicant being informed of the rejection.

* * * * *

* * * * *

* * * * *

* * * * *

* * * * *

Order 6 Pt 3 (Heading and rules 6.12, 6.13) revoked by S.R. No. 16/2013 rule 10(3).

Order 6 Pt 4 (Heading and rule 6.14) revoked by S.R. No. 35/2014 rule 7(1).



Order 6 Pt 7 (Heading and rules 6.19–6.33) amended by S.R. Nos 16/2013 rule 11, 71/2013 rule 7, 105/2013 rule 7, revoked by S.R. No. 181/2014 rule 9.



31

* * * * *




32

Order 7—Human rights division

Part 1—Human rights list

Division 1—Complaints under the Equal Opportunity Act 1995—Transitional Rules

7.01 Application of Division 1

(1) This Division applies to proceedings, whether commenced before, on or after 19 September 2011 to which—

(a) by virtue of Division 2 of Part 14 of the Equal Opportunity Act 2010, the Equal Opportunity Act 1995, as in force immediately before its repeal, continues to apply; or

(b) by virtue of Part 5 of the Racial and Religious Tolerance Act 2001, that Act, as in force immediately before 1 August 2011, continues to apply; or

(c) by virtue of section 164, the Act, as in force immediately before 1 August 2011, continues to apply.

Note

19 September 2011 is the commencement date of the Victorian Civil and Administrative Tribunal (Anti Discrimination List Amendment) Rules 2011.

(2) In this Division, complaint includes a complaint under the Racial and Religious Tolerance Act 2001 as in force immediately before 1 August 2011.

7.02 Notifications

Order 7 (Heading and rules 7.01–7.11) inserted by S.R. No. 16/2013 rule 12.





33

(1) If a complaint is referred to the Tribunal by the Minister or the Victorian Equal Opportunity and Human Rights Commission under the Equal Opportunity Act 1995, the referral must—

(a) include a copy of the complaint; and

(b) if the request for referral was made by the complainant, include a copy of that request; and

(c) state the names and addresses for service of the parties to the complaint and what unlawful conduct is claimed; and

(d) state the date of any decision of the Victorian Equal Opportunity and Human Rights Commission or the chief conciliator from which the referral arose and state the enactment under which that decision was made; and

(e) if the referral was made following a decision by the chief conciliator that it was not reasonably possible to successfully conciliate the complaint or that attempts at conciliation had been unsuccessful, state the date of the last conciliation meeting or conference before that decision was made.

(2) Within 7 days after receiving a referral referred to in subrule (1), the principal registrar must give a copy of the referral to the complainant and the respondent.

(3) An application under Division 2 of Part 3 of the Racial and Religious Tolerance Act 2001 must—

(a) include a copy of the complaint and of the Victorian Equal Opportunity and Human

Rule 7.02(1)(c) amended by S.R. No. 81/2016 rule 10.



34

Rights Commission's decision to decline to entertain it; and

(b) state the names and addresses for service of the parties to the complaint.

(4) If a complaint is referred to the Tribunal by the Minister or the Victorian Equal Opportunity and Human Rights Commission under the Equal Opportunity Act 1995, the complainant must give to the principal registrar written notice of the complainant's address in Victoria for service of documents within 7 days after receiving notice of the referral under subrule (1).

(5) An applicant to the Tribunal under section 109, 121, 124 or 131 of the Equal Opportunity Act 1995 must, when making the application, provide to the principal registrar an address for service of documents for each other party to the proceeding.

* * * * *

7.03 Interlocutory applications

(1) This rule applies to an application to the Tribunal under section 109, 121, 124 or 131 of the Equal Opportunity Act 1995.

(2) An application to which this rule applies must—

(a) be accompanied by a copy of the complaint or, if the applicant does not have one, any information which the applicant is able to give about the nature of the complaint and the identity of the parties to it; and

(b) if the application relates to a determination of the Victorian Equal Opportunity and





35

Human Rights Commission, give any information which the applicant is able to give about the nature and date of the determination; and

(c) if, under the Equal Opportunity Act 1995 there are requirements to be met before the application can be made, include information that those requirements have been met; and

(d) in the case of an application under section 131 of the Equal Opportunity Act 1995 for an interim order—

(i) state each order that is sought; and

(ii) be accompanied by an affidavit setting out the facts and circumstances on which the applicant relies.

* * * * *

7.04 Additional functions of principal registrar

The principal registrar may not reject, under section 71(1) of the Act—

(a) an application made to the Tribunal under the Equal Opportunity Act 1995 or the Racial and Religious Tolerance Act 2001; or

(b) an application made under the Victorian Civil and Administrative Tribunal Act 1998 in a proceeding under the Equal Opportunity Act 1995 or the Racial and Religious Tolerance Act 2001.

* * * * *



Rule 7.05 inserted by S.R. No. 16/2013 rule 12, revoked by S.R. No. 35/2014 rule 20.



36

7.06 Jurisdictional hearings and functions under section 156 of the Equal Opportunity Act 1995

When exercising its functions under section 156 of the Equal Opportunity Act 1995, the Tribunal shall be constituted as determined by the President.

Division 2—Applications under the Equal Opportunity Act 2010 and the Racial and Religious Tolerance Act 2001

7.07 Application of Division

This Division applies to an application under—

(a) section 122 of the Equal Opportunity Act 2010;

(b) section 23 of the Racial and Religious Tolerance Act 2001.

* * * * *

7.09 Information for applications

An application to which this Division applies must contain the following—

(a) the names, addresses, telephone numbers and contact details of the applicant and each respondent;

(b) details of the contravention alleged;

(c) details of the remedy sought.

Part 2—Guardianship list



Rule 7.08 inserted by S.R. No. 16/2013 rule 12, revoked by S.R. No. 35/2014 rule 20.




37

7.10 Service by principal registrar

Subject to any order of the Tribunal, if the principal registrar undertakes service of an application, under section 72(2)(a) of the Act, in a proceeding entered in the guardianship list, service must take place within 21 days after lodgement of the application with the Tribunal.

7.11 Form of register of proceedings and matters contained therein

Despite Rule 4.24, in proceedings allocated to the guardianship list, the register contains only the following—

(a) the number identifying the proceeding;

(b) the date of commencement;

(c) the names of the parties,

(d) if the proceeding is withdrawn, the date of the withdrawal.





38

Order 7A—Residential tenancies division

Part 1—Residential tenancies list

7A.01 Definition

In this Part—

Authority has the same meaning as in section 3(1) of the Residential Tenancies Act 1997.

7A.02 Application of Part

(1) This Part applies to a proceeding in the residential tenancies list.

(2) Rules 4.03, 4.08, 4.19(3) and 4.19(4) do not apply to a proceeding in the residential tenancies list.

7A.03 Mode of service

A copy of an application to the Tribunal under section 241, 277 or 301 of the Residential Tenancies Act 1997 may be served by affixing the copy to the door giving access to the rented premises, room or caravan or by placing it in a prominent position at the site.

7A.04 Service before lodgement

(1) Despite rule 4.07, an applicant may serve a copy of a proposed application or referral under an enactment allocated to the residential tenancies list before the application is lodged with the principal registrar or a registrar of the Magistrates' Court.

Order 7A (Headings and rules 7A.01–7A.16) inserted by S.R. No. 181/2014 rule 10.

Rule 7A.01 inserted by S.R. No. 181/2014 rule 10.


Rule 7A.02(2) amended by S.R. Nos 81/2016 rule 11, 113/2016 rule 4.





39

(2) If a copy of the proposed application or referral is served before it is lodged, the application or referral must be lodged in accordance with rule 4.05 within 7 days after service of the copy.

7A.05 Accompanying documents for electronic lodgement

(1) Despite the provisions of rules 7A.07 and 7A.10, if an application has been lodged with the principal registrar by electronic communication to the Tribunal's information system for generating, sending, receiving, storing or otherwise processing electronic communications known as VCAT Online, any requirement of those rules that a document must accompany the application is satisfied if—

(a) in the case of an application referred to in rule 7A.07(5) or (7) relating to a notice to vacate, the applicant has created the document using VCAT Online; and

(b) in the case of an application referred to in the following rules, the document is provided to the Tribunal at the hearing of the application or, at the request of the principal registrar at any time before or after the hearing—

(i) rule 7A.07(6) relating to an application under section 322 of the Residential Tenancies Act 1997;

(ii) rule 7A.07(7) relating to a notice of intention to vacate;

(iii) rule 7A.07(11);

(iv) rule 7A.07(14);

(v) rule 7A.10(2).

(2) Despite subrule (1), any document which is to form part of the material to be provided to the




40

Tribunal in accordance with rule 7A.08 or 7A.10 must be served on the respondent or respondents, as the case requires, at the time of service of that application.

7A.06 Applications

For the purposes of section 67(1)(a) of the Act, applications must be in writing and specify—

(a) the name, address, telephone number and facsimile number of the applicant, the respondent and any other party who the applicant claims ought to be joined as a party;

(b) if a party is a corporation, its Australian Company Number or Australian Registered Body Number;

(c) the name, address, telephone number and facsimile number of any agent acting for the applicant, respondent or other party;

(d) the address of the premises, room and rooming house, or caravan, site and caravan park, that is the subject of the application;

(e) a brief description of the remedy sought and the basis on which the remedy is sought;

(f) whether or not a bond was paid by the tenant, resident, Director of Housing or some other person, and if so, for what respective amounts;

(g) if a bond was paid, the relevant Residential Tenancies Bond Authority bond number or numbers; and

(h) any previous Tribunal file numbers relating to applications made in relation to the same tenancy agreement or agreement in relation to a residency right.




41

Note

See also rule 7A.02.

7A.07 Documents required to be included with certain applications

(1) An application under section 46(1), 103(1) or 154(1) of the Residential Tenancies Act 1997 (excessive rent or hiring charge) must be accompanied by a copy of the Director's report under section 45, 102 or 153 of that Act (as the case requires) with respect to the relevant rent or hiring charge.

(2) An application under section 75(1), 132(1) or 191(1) of the Residential Tenancies Act 1997 (non-urgent repairs) must be accompanied by a copy of the Director's report under section 74, 131 or 190 of that Act (as the case requires) with respect to the relevant premises, room, rooming house or caravan.

(3) An applicant for an application referred to in subrule (2) must serve a copy of the report referred to in that section with the copy of the application.

(4) An application under section 128(1) or 187(1) of the Residential Tenancies Act 1997 (unreasonable house or caravan park rules) must be accompanied by a copy of the house rules or caravan park rules (as the case requires).

(5) An application under section 209 of the Residential Tenancies Act 1997 must be accompanied by a copy of the breach of duty notice given under section 208.

(6) An application to the Tribunal under section 322, 323 or 324 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 248, 282 or 307 of that Act must be accompanied by a copy of the order of the




42

Tribunal with which it is alleged the tenant or resident has failed to comply.

(7) An application under Division 1 of Part 7 of the Residential Tenancies Act 1997 (possession order) must be accompanied by a copy of any notice to vacate or notice of intention to vacate given in respect of the rented premises, room, site or caravan (as the case requires).

(8) A request for determination under section 339 of the Residential Tenancies Act 1997 must—

(a) be verified by affidavit; and

(b) be accompanied by a copy of the notice to vacate given in respect of the rented premises.

(9) In addition to the requirements of subrule (8), a request for determination relating to a notice to vacate under section 261 of the Residential Tenancies Act 1997 must be accompanied by—

(a) a copy of the tenancy agreement relating to the rented premises; and

(b) a copy of the notice given in accordance with section 337(1) and (2) of that Act.

(10) An application under section 374 of the Residential Tenancies Act 1997 must be accompanied by a copy of the notice to leave given under section 368 of that Act.

(11) An application under section 414(1) of the Residential Tenancies Act 1997 (unpaid rent on abandonment) must—

(a) be verified by affidavit; and

(b) be accompanied by a copy of any receipt or replacement receipt issued by the Authority to the applicant in respect of the bond.



43

(12) In addition to the requirements of rule 7A.08(7), an application under section 416 of the Residential Tenancies Act 1997 must—

(a) set out the name and address of the landlord; and

(b) be accompanied by a copy of any receipt or replacement receipt issued by the Authority to the applicant in respect of the bond.

(13) In addition to the requirements of rule 7A.08(8), an application under section 417 of the Residential Tenancies Act 1997 made in circumstances referred to in section 418 of that Act or on the grounds set out in section 419 of that Act, must be accompanied by a copy of any receipt or replacement receipt issued by the Authority to the applicant in respect of the bond.

(14) An application by a landlord under section 417 of the Residential Tenancies Act 1997 to the Tribunal made in circumstances referred to in section 419(1) of that Act must be accompanied by—

(a) if paragraph (a), (b) or (c) of section 419(1) is applicable, a copy of the condition report prepared in respect of the rented premises under section 35, 97 or 148 of that Act; and

(b) a copy of any quotation, account or receipt on which the landlord relies to prove the claim.

7A.08 Particulars to be provided with certain applications

(1) The following applications must specify the acts, facts, matters and circumstances, including relevant dates, being relied on in support of the application—




44

(a) an application under section 322, 323 or 324 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 243, 244, 278, 279, 280, 302, 303 or 304 of that Act; or

(b) an application under section 374 of the Residential Tenancies Act 1997 for the termination of a tenancy agreement or residency right.

(2) An application under section 322, 323 or 324 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 248, 282 or 307 of that Act must specify the acts, facts, matters and circumstances, including relevant dates, being relied on as constituting a failure to comply with an order of the Tribunal.

(3) An application under section 322, 323 or 324 of the Residential Tenancies Act 1997 arising out of a notice to vacate under sections 249, 283 or 308 of that Act must specify the acts, facts, matters and circumstances, including relevant dates, being relied on as the basis for giving the notice to vacate.

(4) An application under section 322, 323 or 324 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 250, 284 or 309 of that Act must specify—

(a) the illegal purpose alleged; and

(b) the acts, facts, matters and circumstances, including relevant dates, being relied on to establish that the rented premises were or the room, site or caravan was used for an illegal purpose.



45

(5) An application under section 322 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 252 of that Act must specify—

(a) the statement alleged to have been made by the tenant; and

(b) the date on which it is alleged the statement was made.

(6) An application under section 322 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 262 of the Residential Tenancies Act 1997 must specify—

(a) the eligibility criterion or criteria which it is alleged the tenant has ceased to meet; and

(b) the date on which it is alleged the tenant ceased to meet the eligibility criterion or criteria.

(7) An application under section 416 of the Residential Tenancies Act 1997 must specify—

(a) the amount of bond sought;

(b) the basis on which the amount is sought;

(c) the date on which the tenant vacated the rented premises;

(d) if made by the Director of Housing, the name of the tenant;

(e) whether any and what amount of bond was paid on behalf of the tenant by the Director of Housing; and

(f) the name and address of any person or body, other than the applicant, who the applicant believes may have an interest in an amount of the bond.



46

(8) An application under section 417 of the Residential Tenancies Act 1997 must specify—

(a) the amount of bond sought;

(b) the basis on which the amount is sought;

(c) the date on which the tenant delivered up vacant possession of the rented premises or the date on which the landlord became aware that the tenant had abandoned the rented premises;

(d) the name of the tenant;

(e) if section 418 applies, details of the amount of rent that has accrued and remains unpaid or, if section 419 applies, details of the compensation claimed;

(f) whether any and what amount of bond was paid on behalf of the tenant by the Director of Housing; and

(g) the name and address of any person or body, other than the applicant, who the applicant believes may have an interest in an amount of the bond.

(9) An application under section 452(5) or (6) of the Residential Tenancies Act 1997 must specify—

(a) the interest which the applicant claims to have in the tenancy agreement or the agreement in relation to the residency right; and

(b) the circumstances in which the applicant's interest has arisen.



47

7A.09 Additional particulars for certain applications

(1) In addition to the requirements of rule 7A.07(4), an application made under section 128(1) or 187(1) of the Residential Tenancies Act 1997 (unreasonable house or caravan park rules) must—

(a) specify which rules are considered to be unreasonable; and

(b) specify the reasons why these rules are considered unreasonable.

(2) In addition to the requirements of rule 7A.07(8), a request for determination under section 339 of the Residential Tenancies Act 1997 must—

(a) request the making of a possession order requiring the tenant to vacate the rented premises; and

(b) set out—

(i) the name and address of the landlord;

(ii) the name and address of the tenant; and

(iii) details of the tenant's continued occupation of the rented premises.

(3) In addition to the requirements of rule 7A.07(8), a request for determination relating to an application under section 335 of the Residential Tenancies Act 1997 must—

(a) specify the details of the rent owing at the date of the affidavit;

(b) request the making of a determination of the amount of rent owing to the landlord by the tenant; and




48

(c) request the making of a determination directing the Authority to pay out an amount of bond to or on account of the landlord in respect of the rent owing.

(4) In addition to the requirements of rule 7A.07(8) and (9), a request for determination relating to a notice to vacate under section 261 of the Residential Tenancies Act 1997 may—

(a) specify the details of the rent owing (if any) at the date of the affidavit;

(b) request the making of a determination of the amount of rent owing to the landlord by the tenant (if any); and

(c) request the making of a determination directing the Authority to pay out an amount of bond to or on account of the landlord in respect of the rent owing (if any).

(5) In addition to the requirements of rule 7A.07(11), an application under section 414(1) of the Residential Tenancies Act 1997 (unpaid rent on abandonment) must—

(a) request the making of a determination of the amount of rent owing to the landlord by the tenant;

(b) request the making of a determination directing the Authority to pay out an amount of bond to or on account of the landlord in respect of the rent owing; and

(c) set out—


(ii) the name of the tenant;

(iii) the details of the rent owing at the date of the affidavit;



49

(iv) details of the inquiries made by the landlord as to the whereabouts of the tenant;

(v) whether the bond was paid on behalf of the tenant by the Director of Housing; and

(vi) the name and address of any person or body, other than the applicant, who the applicant believes may have an interest in an amount of the bond.

7A.10 Documents and particulars required for certain applications

(1) An application made under section 210 of the Residential Tenancies Act 1997 must specify—

(a) the date on which the tenant delivered up vacant possession or abandoned the rented premises;

(b) the breach of duty alleged;

(c) the loss or damage caused by the breach; and

(d) the amount of compensation claimed.

(2) An application made by a landlord under section 210 of the Residential Tenancies Act 1997 for payment of compensation for loss or damage to the rented premises or a failure to keep them in a reasonably clean condition must be accompanied by a copy of the condition report as required by section 35 of that Act prepared in respect of the rented premises.

(3) An application made under section 452 of the Residential Tenancies Act 1997 for payment of compensation must specify—

(a) the date on which the resident vacated or abandoned the room, site or caravan;

(b) the breach of duty alleged;




50

(c) the loss or damage caused by the breach; and

(d) the amount of compensation claimed.

(4) An application made by a rooming house owner, caravan park owner, or caravan owner under section 452 of the Residential Tenancies Act 1997 for compensation for loss or damage to a room, site or caravan or a failure to keep them in a reasonably clean condition must be accompanied by a copy of the condition report as required by either section 97 or 148 of that Act.

7A.11 Form of notice under section 346 of the Residential Tenancies Act 1997

For the purpose of section 346 of the Residential Tenancies Act 1997 the notice must be in Form 9 in Schedule 2.

7A.12 Warrant of possession

For the purposes of section 355(1)(a) of the Residential Tenancies Act 1997, a warrant of possession is in the prescribed form if it is in Form 10 in Schedule 2.

7A.13 Warrant of possession—Disability Act 2006

For the purposes of section 85B of the Disability Act 2006, a warrant of possession is in the prescribed form if it is in Form 10A in Schedule 2.

7A.14 Withdrawal of proceedings

If an applicant withdraws an application pursuant to section 74 of the Act, the notification in writing of withdrawal of the application must state—

(a) the name of the applicant, respondent or any other party to the proceeding;







51

(b) the address of the premises, room and rooming house, or caravan, site and caravan park the subject of the application;

(c) the date of lodgement of the application;

(d) the tribunal file number (if known);

(e) the hearing date of the application (if known); and

(f) the venue for the hearing (if known).

7A.15 Re-opening an order

(1) An application referred to in rule 4.19(2) must be made in person by the party or representative appearing before the Tribunal between 9.30 a.m. and 12.00 noon or between 2.00 p.m. and 4.00 p.m. on any day on which the Tribunal sits.

(2) Unless the Tribunal otherwise orders, on lodging the application, the applicant must forthwith give notice of the application to all other parties.

7A.16 Review of certain determinations and orders

(1) An application for review of a determination under section 479 of the Residential Tenancies Act 1997 must be made on notice to all parties.

(2) The application must—

(a) be in writing;

(b) be supported by affidavit; and

(c) specify—


(ii) the name of the tenant;

(iii) the address of the rented premises;





52

(iv) the date on which the applicant was given a copy of the determination made by the principal registrar or the Tribunal; and

(v) details of the breach of, or failure to comply with, the Residential Tenancies Act 1997 which the applicant alleges.



53

Order 8—Trans-Tasman proceedings

8.01 Definitions

(1) In this Order—

Trans-Tasman Proceedings Act means the Trans-Tasman Proceedings Act 2010 of the Commonwealth.

(2) An expression used in the Trans-Tasman Proceedings Act has the same meaning in this Order as it has in that Act.

8.02 Application of Order

This Order applies in relation to any proceeding under the Trans-Tasman Proceedings Act in respect of which the Tribunal is a prescribed tribunal under that Act.

8.03 Application for order for use of audio link or audiovisual link

(1) A party to a proceeding to which this Order applies may apply to the Tribunal for an order that evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand by filing an application in accordance with subrule (2).

(2) An application under subrule (1) must—

(a) be in Form 12 of Schedule 2;

(b) be filed at least 14 days before the person who is the subject of the application is due to







54

give evidence or make submissions to the Tribunal.

8.04 Service

As soon as practicable after the filing of the application, the applicant must serve a copy of the application on every other party.

8.05 Duty of applicant

If, whether before or after a direction has been given, an applicant no longer requires the person who is the subject of the application to give evidence or make submissions to the Tribunal by audio link or audiovisual link, the applicant must notify the principal registrar immediately.

8.06 Technical requirements

(1) The technical requirements for an audio link are—

(a) both the Tribunal point and the remote point are equipped with facilities that—

(i) enable all appropriate persons at the Tribunal point to hear the person giving the evidence or making the submissions; and

(ii) enable all appropriate persons at the remote point to hear appropriate persons at the Tribunal point; and

(b) any other requirements imposed by the presiding member.

(2) The technical requirements for an audiovisual link are—

(a) both the Tribunal point and the remote point are equipped with facilities that—

(i) enable all appropriate persons at the Tribunal point to see and hear the






55

person giving the evidence or making the submissions; and

(ii) enable all appropriate persons at the remote point to see and hear appropriate persons at the Tribunal point; and

(b) any other requirements imposed by the presiding member.

(3) Requirements imposed by the presiding member under subrule (1)(b) or (2)(b) must not be inconsistent with any other provision of these Rules.



56

Order 9—Exercise of functions of tribunal by principal registrar

9.01 Principal registrar may exercise certain Tribunal functions

For the purposes of section 157A of the Act, the Tribunal constituted by the principal registrar may perform the following functions of the Tribunal for proceedings in the Lists in the Administrative Division, the Civil Division, the Human Rights Division and the Residential Tenancies Division—

(a) striking out of a proceeding with a right to apply for reinstatement where the parties have settled a matter;

(b) striking out of a proceeding with a right to apply for reinstatement for failure to pay the correct fee;

(c) striking out of a proceeding with a right to apply for reinstatement where service of an application is not effected;

(d) reinstatement of a matter struck out for failure to pay the correct fee where the correct fee is subsequently paid or the fee waived;

(e) reinstatement of a matter struck out for service of an application not being effected where the service is subsequently effected;

Order 9 (Heading and rules 9.01, 9.02) inserted by S.R. No. 133/2014 rule. 5.

Rule 9.01 inserted by S.R. No. 133/2014 rule 5, amended by S.R. Nos 37/2015 rule 4, 80/2016 rule 8, 3/2017 rule 5(1).

Rule 9.01(d) amended by S.R. No. 112/2015 rule 7.



57

(f) determining consent applications for adjournment of a matter on its first listing where the request is for an adjournment of 3 months or less;

(fa) determining adjournment applications by a landlord on the first listing of an application for possession for rent arrears under the Residential Tenancies Act 1997 where the request is for an adjournment of 3 months or less;

(g) determining applications for a change of venue for a hearing;

(h) consideration of requests to attend a directions hearing by telephone, video link or any other system of telecommunication;

(i) consideration of requests for an interpreter to be provided for a party to a proceeding;

(j) abridging time for the taking of further steps in relation to a matter;

(k) adjourning any matter if a daily list has to be cancelled;

(l) determining consent applications for adjournment of any administrative mention or directions hearing;

(m) determining consent applications for extensions of time to comply with orders where the extension will not interfere with the hearing date;

(n) determining requests relating to a step in a proceeding that was anticipated on the face of previous orders in the proceeding;

(o) stay of a warrant on an application under section 120 of the Act for a review of an order or on a request for the extension of a warrant;

Rule 9.01(f) amended by S.R. No. 112/2015 rule 5(1).

Rule 9.01(fa) inserted by S.R. No. 112/2015 rule 5(2).



58

(oa) on an application under section 120 of the Act for a review of an order, stay and extend a warrant of possession issued under the Residential Tenancies Act 1997;

(p) determining an application for withdrawal of an application or referral where no leave is required;

(q) correction of an order made by the principal registrar under section 119 of the Act;

(r) making of procedural directions or listing directions if—

(i) the principal registrar is acting in accordance with standing instructions given by the Head of List; or

(ii) the principal registrar is acting in accordance with instructions given by the Head of List or a Deputy Head of List in relation to the proceeding.

9.02 Delegation of functions by principal registrar under section 32A of the Act

(1) For the purposes of section 157A(5)(a) of the Act, the principal registrar, under section 32A of the Act, may delegate any function specified in Rule 9.01.

(2) For the purposes of section 32A of the Act, the principal registrar may delegate the following functions of the principal registrar to a registrar, a deputy registrar or a regional administrative officer of the Tribunal—

(a) the certification of a copy of a monetary order as a true copy under section 121(1)(a) of the Act;

Rule 9.01(oa) inserted by S.R. No. 112/2015 rule 5(3).

Rule 9.01(q) amended by S.R. No. 3/2017 rule 5(2).

Rule 9.01(r) inserted by S.R. No. 3/2017 rule 5(3).

Rule 9.02 inserted by S.R. No. 133/2014 rule 5, amended by S.R. No. 113/2016 rule 5 (ILA s. 39B(2)).




59

(b) the certification of a copy of a non-monetary order as a true copy under section 122(1)(a) of the Act.



60

Order 10—Procedure under the Vexatious Proceedings Act 2014

10.01 Definitions

An expression used in the Vexatious Proceedings Act 2014 has the same meaning in this Order as it has in that Act.

10.02 Application for leave to proceed under limited litigation restraint order

An application under section 50 of the Vexatious Proceedings Act 2014 by a person subject to a limited litigation restraint order for leave to make or continue an interlocutory application in the proceeding to which the limited litigation restraint order relates must be in Form 13 in Schedule 2.

10.03 Application for leave to proceed under extended litigation restraint order

An application under section 52(1) of the Vexatious Proceedings Act 2014 by a person subject to an extended litigation restraint order for leave to commence or continue a proceeding must be—

(a) in Form 14 in Schedule 2, in the case of an application to continue a proceeding; and

(b) in Form 15 in Schedule 2, in the case of an application to commence a proceeding.

10.04 Application for leave to proceed under general litigation restraint order








61

An application under section 54(1) of the Vexatious Proceedings Act 2014 by a person subject to a general litigation restraint order for leave to commence or continue a proceeding must be—

(a) in Form 16 in Schedule 2, in the case of an application to continue a proceeding; and

(b) in Form 17 in Schedule 2, in the case of an application to commence a proceeding.

10.05 Notice of application for leave to proceed

(1) Notice required to be given by a direction of the Tribunal under section 60(2) of the Vexatious Proceedings Act 2014 must be in Form 18 in Schedule 2.

(2) The notice must be accompanied by a copy of every order made or direction given by the Tribunal in the application to which the notice relates.

Note

Further requirements are stated in section 60(4) of the Vexatious Proceedings Act 2014.

10.06 Application for leave to apply for variation or revocation of litigation restraint order

An application under section 65(1) of the Vexatious Proceedings Act 2014 by a person subject to a litigation restraint order for leave to apply to vary or revoke the order must be in Form 19 in Schedule 2.

10.07 Application to vary or revoke litigation restraint order

An application under section 65(1) of the Vexatious Proceedings Act 2014 by a person subject to a litigation restraint order to vary or revoke the order must be in Form 20 in Schedule 2.






62

10.08 Notice of application to vary or revoke litigation restraint order

(1) Notice required to be given by a direction of the Tribunal under section 67(2) of the Vexatious Proceedings Act 2014 must be in Form 21 in Schedule 2.

(2) The notice must be accompanied by a copy of every order made or direction given by the Tribunal in the application to which the notice relates and in the preceding leave application.

Note

Further requirements are stated in section 67(4) of the Vexatious Proceedings Act 2014.




63

Schedules

Schedule 1—Allocation of functions

Part 1—Administrative division1 Legal Practice List

(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the legal practice list of the administrative division.

1.1 Australian Consumer Law and Fair Trading Act 2012 (dispute between a legal practitioner and a client of a legal practitioner);

1.2 Legal Profession Uniform Law Application Act 2014 and the Legal Profession Uniform Law (Victoria);

1.3 Vexatious Proceedings Act 2014.

(2) If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the legal practice list of the administrative division.

* * * * *

Sch. 1 Pt 1 cl. 1 amended by S.R. Nos 154/2009 rules 6, 11, 68/2010 rules 4, 5, 117/2010 rule 6, substituted by S.R. No. 16/2013 rule 13.

Sch. 1 Pt 1 cl. 1(1) item 1.2 amended by S.R. No. 181/2014 rule 11(1), substituted by S.R. No. 99/2015 rule 5.

Sch. 1 Pt 1 cl. 1(1) item 1.3 inserted by S.R. No. 181/2014 rule 11(2).

Sch. 1 Pt 1 cl. 2 revoked by S.R. No. 16/2013 rule 14.



64

* * * * *

4 Planning and Environment List

(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the planning and environment list of the administrative division.

4.1 Aboriginal Heritage Act 2006;

4.2 Catchment and Land Protection Act 1994 section 48 (land use conditions and land management notices);

4.2A Climate Change Act 2010;

4.3 Conservation, Forests and Lands Act 1987 section 76 (variation and termination of land management co-operative agreements);

4.3A Education and Training Reform Act 2006 section 5.7A.12;

Sch. 1 Pt 1 cl. 3 amended by S.R. Nos 154/2009 rule 7, 68/2010 rule 6, 73/2010 rule 10, revoked by S.R. No. 16/2013 rule 15.

Sch. 1 Pt 1 cl. 4(1) item 4.2A inserted by S.R. No. 16/2013 rule 16(1).

Sch. 1 Pt 1 cl. 4(1) item 4.3A inserted by S.R. No. 124/2013 rule 7.



65

4.4 Environment Protection Act 1970;

* * * * *

4.6 Flora and Fauna Guarantee Act 1988 sections 34(3), 41, 41A (interim conservation orders) and 43(12) (claims for compensation);

4.6A Gambling Regulation Act 2003;

4.6B Health Services Act 1988 section 67 (compulsory acquisition of land);

4.7 Heritage Act 1995;

4.7A Land Acquisition and Compensation Act 1986;

4.8 Local Government Act 1989 sections 183 (differential rating), 185 (imposition of special rate or charge) and 185AA (imposition of special rate or charge);

Sch. 1 Pt 1 cl. 4(1) item 4.5 revoked by S.R. No. 16/2013 rule 16(2).

Sch. 1 Pt 1 cl. 4(1) item 4.6 amended by S.R. No. 16/2013 rule 16(3).


Sch. 1 Pt 1 cl. 4(1) item 4.6B inserted by S.R. No. 16/2013 rule 16(4).





66

4.8A Major Transport Projects Facilitation Act 2009;

4.9 Mineral Resources (Sustainable Development) Act 1990;

4.10 Owners Corporations Act 2006 Part 6;

4.10A Petroleum Act 1998;

4.10B Pipelines Act 2005 section 154;

4.11 Planning and Environment Act 1987;

4.12 Plant Biosecurity Act 2010 sections 48 (accreditation to issue assurance certificates) and 59 (review of the Minister's determination on costs);

Sch. 1 Pt 1 cl. 4(1) item 4.8A inserted by S.R. No. 16/2013 rule 16(7).Sch. 1 Pt 1 cl. 4(1) item 4.9 substituted by S.R. No. 16/2013 rule 16(8).

Sch. 1 Pt 1 cl. 4(1) item 4.10A inserted by S.R. No. 16/2013 rule 16(9), substituted by S.R. No. 165/2013 rule 5(1).



Sch. 1 Pt 1 cl. 4(1) item 4.12 substituted by S.R. No. 16/2013 rule 16(11).



67

4.12A Road Management (General) Regulations 2016;

4.13 Subdivision Act 1988, except Part 5;

4.13A Traditional Owner Settlement Act 2010;

4.13B Urban Renewal Authority Victoria Act 2003;

4.14 Valuation of Land Act 1960 Part III (disputes on the value of land);

4.14A Vexatious Proceedings Act 2014;

Sch. 1 Pt 1 cl. 4(1) item 4.12A inserted by S.R. No. 165/2013 rule 5(2), substituted by S.R. No. 80/2016 rule 9.

Sch. 1 Pt 1 cl. 4(1) item 4.13 substituted by S.R. No. 16/2013 rule 16(12), amended by S.R. No. 71/2013 rule 8.Sch. 1 Pt 1 cl. 4(1) item 4.13A inserted by S.R. No. 165/2013 rule 5(3).


Sch. 1 Pt 1 cl. 4(1) item 4.14 substituted by S.R. No. 16/2013 rule 16(13).




68

4.15 Water Act 1989 except section 19 (see building and property list);

* * * * *

(2) If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the planning and environment list of the administrative division.

5 Review and Regulation List

(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the review and regulation list of the administrative division.

5.1 Accident Compensation Act 1985;

5.2 Accident Towing Services Act 2007;

5.3 Adoption Act 1984 sections 129A(1)(a) (decisions regarding fitness to adopt and approval to adopt), 129A(1)(b) (decisions regarding approval of adoption agencies) and 129A(1)(c) (decisions regarding accreditation of bodies);

5.4 Agricultural and Veterinary Chemicals (Control of Use) Act 1992;

Sch. 1 Pt 1 cl. 4(1) item 4.15 substituted by S.R. No. 16/2013 rule 16(14), amended by S.R. No. 35/2014 rule 10.

Sch. 1 Pt 1 cl. 4(1) item 4.16 revoked by S.R. No. 16/2013 rule 16(15).

Sch. 1 Pt 1 cl. 5 substituted by S.R. No. 16/2013 rule 17.



69

5.5 Architects Act 1991;

5.6 Associations Incorporation Reform Act 2012;

5.6A Back to Work Act 2015;

5.7 Biological Control Act 1986;

5.8 Births, Deaths and Marriages Registration Act 1996;

5.9 Building Act 1993 Division 12 of Part 12A and sections 25J and 182A and clause 10(3) and (4) of Part 2 of Schedule 7;

5.10 Bus Safety Act 2009;

5.11 Business Franchise Acts;

5.12 Cemeteries and Crematoria Act 2003;

5.13 Children, Youth and Families Act 2005;

5.14 Children's Services Act 1996;

5.15 Co-operatives National Law Application Act 2013 and Part 7.3 of the Co-operatives National Law (Victoria);

5.16 Conveyancers Act 2006 (sections 33 (inquiries into the conduct of licensees), 34 (determination on inquiry), 146 and 187;

5.17 Country Fire Authority Act 1958;

Sch. 1 Pt 1 cl. 5(1) item 5.6A inserted by S.R. No. 80/2016 rule 10(a).

Sch. 1 Pt 1 cl. 5(1) item 5.9 amended by S.R. No. 71/2013 rule 9.

Sch. 1 Pt 1 cl. 5(1) item 5.15 substituted by S.R. No. 80/2016 rule 10(b).




70

5.18 Dairy Act 2000;

5.19 Dangerous Goods Act 1985;

5.20 Disability Act 2006 section 45 (registration of a disability service provider);

5.21 Domestic Animals Act 1994 sections 98(1) (registration of premises to conduct a domestic animal business) and 98(2) (declaration and registration of dangerous dogs);

5.22 Drugs, Poisons and Controlled Substances Act 1981;

5.22A Education and Care Services National Law Act 2010;

5.23 Education and Training Reform Act 2006 Division 14 of Part 2.6 and Part 4.8;

5.24 Electoral Act 2002;

5.25 Electricity Safety Act 1998;

5.26 Emergency Management Act 1986;

5.27 Emergency Services Superannuation Act 1986;

5.28 Equipment (Public Safety) Act 1994;

5.29 Estate Agents Act 1980 except section 56B(1) (see building and property list);

5.30 Firearms Act 1996 section 182 (decisions of Firearms Appeals Committee);

5.31 First Home Owner Grant Act 2000;


Sch. 1 Pt 1 cl. 5(1) item 5.29 amended by S.R. No. 35/2014 rule 11.



71

5.32 Fisheries Act 1995;

5.33 Freedom of Information Act 1982;

5.34 Fundraising Act 1998;

5.35 Gas Safety Act 1997;

5.36 Health Practitioner Regulation National Law Part 8, Divisions 12 and 13;

5.37 Health Services Act 1988 sections 57C and 110 (decisions of Minister or Chief General Manager under Part 4);

5.38 Liquor Control Reform Act 1998;

5.39 Livestock Disease Control Act 1994;

5.40 Local Government Act 1989 sections 30, 38(2A), 48, 81D, 81E, 81J(1)(b), 81K, 81L, 81Q, 81R and 240A and clause 8 of Schedule 12;

5.41 Major Sporting Events Act 2009;

5.42 Meat Industry Act 1993 section 24 (licences to operate meat processing facilities, alteration of buildings);

* * * * *

5.44 Metropolitan Fire Brigades Act 1958;

5.45 Motor Car Traders Act 1986 except section 45 (see civil claims list);

5.46 Occupational Health and Safety Act 2004;

Sch. 1 Pt 1 cl. 5(1) item 5.37 amended by S.R. No. 124/2013 rule 8(3)(a).

Sch. 1 Pt 1 cl. 5(1) item 5.40 amended by S.R. No. 124/2013 rule 8(3)(b).

Sch. 1 Pt 1 cl. 5(1) item 5.43 revoked by S.R. No. 80/2016 rule 10(c).



72

5.47 Occupational Health and Safety Regulations 2007;

5.48 Owner Drivers and Forestry Contractors Act 2005 section 41 (dispute between contractor and hirer);

5.49 Owners Corporations Act 2006 Part 6 and Part 12;

5.50 Parliamentary Salaries and Superannuation Act 1968;

5.50A Pharmacy Regulation Act 2010 section 62;

5.51 Pipelines Act 2005 sections 64, 83 and 182;

5.52 Prevention of Cruelty to Animals Act 1986 section 33 (licensing of scientific establishments and breeding establishments);

5.53 Private Security Act 2004 Part 7;

5.54 Professional Boxing and Combat Sports Act 1985 (licences, permits and registration);

5.55 Public Health and Wellbeing Act 2008 sections 204 and 207;

5.56 Racing Act 1958;

5.57 Rail Safety (Local Operations) Act 2006, Part 7;

5.57A Rail Safety National Law Application Act 2013;

Sch. 1 Pt 1 cl. 5(1) item 5.50A inserted by S.R. No. 105/2013 rule 8(a).

Sch. 1 Pt 1 cl. 5(1) item 5.57 substituted by S.R. No. 80/2016 rule 10(d).

Sch. 1 Pt 1 cl. 5(1) item 5.57A inserted by S.R. No. 80/2016 rule 10(d).



73

5.58 Relationships Act 2008 Part 2.4 of Chapter 2;

5.59 Road Management Act 2004;

5.59A Road Safety Act 1986;

5.60 Road Safety (Vehicles) Regulations 2009 regulations 128 (external review of decisions relating to registration of vehicles) and 215;

5.60A Seafood Safety Act 2003 section 60;

5.61 Second-Hand Dealers and Pawnbrokers Act 1989 sections 9B, 14 and 18A;

5.61A Sentencing Act 1991, Part 8;

5.62 Sex Work Act 1994;

5.62A Small Business Commissioner Act 2003, section 11A;

5.63 State Employees Retirement Benefits Act 1979;


Sch. 1 Pt 1 cl. 5(1) item 5.60A inserted by S.R. No. 105/2013 rule 8(b).

Sch. 1 Pt 1 cl. 5(1) item 5.61 amended by S.R. No. 124/2013 rule 8(3)(c).

Sch. 1 Pt 1 cl. 5(1) item 5.61A inserted by S.R. No. 80/2016 rule 10(e).




74

5.64 State Superannuation Act 1988;

5.65 Superannuation (Portability) Act 1989;

5.65A Supported Residential Services (Private Proprietors) Act 2010 section 206;

5.66 Surveying Act 2004 section 33 (review of decision, finding or determination);

5.67 Taxation Administration Act 1997;

5.68 Therapeutic Goods (Victoria) Act 2010 section 30;

5.69 Transport Accident Act 1986;

5.70 Transport (Compliance and Miscellaneous) Act 1983;

5.71 Transport Superannuation Act 1988;

5.72 Travel Agents Act 1986;Note

On the repeal of the Travel Agents Act 1986 by the Travel Agents Repeal Act 2014, section 4 of the Travel Agents Repeal Act continues rights in relation to the compensation scheme despite the repeal of the Travel Agents Act 1986.

5.73 Unclaimed Money Act 2008, sections 59, 61 and 63;

* * * * *

Sch. 1 Pt 1 cl. 5(1) item 5.65A inserted by S.R. No. 105/2013 rule 8(c).

Note to Sch. 1 Pt 1 cl. 5(1) item 5.72 inserted by S.R. No. 35/2014 rule 21(1).

Sch. 1 Pt 1 cl. 5(1) item 5.74 revoked by S.R. No. 124/2013 rule 8(3)(d).



75

5.75 Veterinary Practice Act 1997 section 55 (registration and discipline);


5.76 Victims of Crime Assistance Act 1996;

5.77 Victoria State Emergency Service Act 2005;

5.78 Victoria State Emergency Service Regulations 2006;

5.79 Victorian Plantations Corporation Act 1993;

* * * * *

5.81 Wildlife Act 1975;

5.82 Working with Children Act 2005;

5.83 Workplace Injury Rehabilitation and Compensation Act 2013.

(2) If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a


Sch. 1 Pt 1 cl. 5(1) item 5.80 revoked by S.R. No. 124/2013 rule 8(3)(e).





76

corresponding previous enactment, those functions are allocated to the review and regulation list of the administrative division.

Part 2—Civil division6 Civil Claims List

(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the civil claims list of the civil division.

6.1 Australian Consumer Law and Fair Trading Act 2012;

* * * * *

6.2A Credit Act 1984;

6.2B Domestic Building Contracts Act 1995;

6.3 Motor Car Traders Act 1986 section 45 (rescission of agreement of sale of motor car);

Sch. 1 Pt 2 cl. 6(1) item 6.1 substituted by S.R. No. 16/2013 rule 18.

Sch. 1 Pt 2 cl. 6(1) item 6.2 substituted by S.R. No. 16/2013 rule 18, revoked by S.R. No. 124/2013 rule 9.Sch. 1 Pt 2 cl. 6(1) item 6.2A inserted by S.R. No. 16/2013 rule 18.

Sch. 1 Pt 2 cl. 6(1) item 6.2B inserted by S.R. No. 16/2013 rule 18.



77

6.4 Owner Drivers and Forestry Contractors Act 2005;

6.5 Owners Corporations Act 2006 Part 6 and Part 11, Divisions 1, 2, 3 and 4;

6.6 Retirement Villages Act 1986;


(2) If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the civil claims list of the civil division.

7 Building and Property List

(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the building and property list of the civil division.


7.2 Building Act 1993 except Division 12 of Part 12A and sections 25J and 182A and clause 10(3) and (4) of Part 2 of Schedule 7;

7.3 Domestic Building Contracts Act 1995;



Sch. 1 Pt 2 cl. 7 revoked by S.R. No. 16/2013 rule 19, new Sch. 1 Pt 2 cl. 7 inserted by S.R. No. 35/2014 rule 12.



78

7.4 Estate Agents Act 1980 sections 56A(4) and 56B(1) (disputes about commissions and outgoings);

7.5 House Contracts Guarantee Act 1987;

7.6 Owners Corporations Act 2006 Part 6 and Part 11;

7.7 Property Law Act 1958 Part IV;

7.8 Retail Leases Act 2003;

7.9 Sale of Land Act 1962 section 44;


7.10 Water Act 1989 section 19 (civil liability arising from various causes).

(2) If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the building and property list of the civil division.

* * * * *

* * * * *

Sch. 1 Pt 2 cl. 7 item 7.9A inserted by S.R. No. 181/2014 rule 15.


Sch. 1 Pt 2 cl. 9 revoked by S.R. No. 16/2013 rule 21.



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9A Owners Corporations List

(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the owners corporations list of the civil division.

9A.1 Australian Consumer Law and Fair Trading Act 2012;

9A.1A Company Titles (Home Units) Act 2013;

9A.2 Owners Corporations Act 2006 Part 6 and Part 11;

9A.3 Subdivision Act 1988 Part 5;

9A.4 Vexatious Proceedings Act 2014.

Sch. 1 Pt 2 cl. 9A (Heading) amended by S.R. No. 16/2013 rule 22(1).Sch. 1 Pt 2cl. 9A inserted by S.R. No. 154/2009 rule 8.

Sch. 1 Pt 2 cl. 9A(1) substituted by S.R. No. 16/2013 rule 22(2).

Sch. 1 Pt 2 cl. 9A(1) item 9A.1A inserted by S.R. No. 124/2013 rule 10.

Sch. 1 Pt 2 cl. 9A(1) item 9A.3 amended by S.R. Nos 71/2013 rule 11, 181/2014 rule 16(1).

Sch. 1 Pt 2 cl. 9A(1) item 9A.4 inserted by S.R. No. 181/2014 rule 16(2).



80

(2) If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the owners corporations list of the civil division.

* * * * *

* * * * *

* * * * *

Sch. 1 Pt 2 cl. 9A(2) amended by S.R. No. 16/2013 rule 22(3).

Sch. 1 Pt 2cl. 10 amended by S.R. Nos 154/2009 rule 9, 16/2013 rule 23, 124/2013 rule 11, revoked by S.R. No. 35/2014 rule 13.


Sch. 1 Pt 2 cl. 12 amended by S.R. No. 16/2013 rule 25, revoked by S.R. No. 35/2014 rule 13.



81

Part 3—Human rights division* * * * *

14 Guardianship List

(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the guardianship list of the human rights division.

* * * * *

14.2 Guardianship and Administration Act 1986;

14.3 Instruments Act 1958 Division 6 of Part XIA;

14.4 Medical Treatment Act 1988 section 5C (enduring powers of attorney (medical treatment));

14.5 Powers of Attorney Act 2014;

14.6 Trustee Companies Act 1984;

Sch. 1 Pt 3 cl. 13 amended by S.R. No. 97/2011 rule 7, revoked by S.R. No. 16/2013 rule 26.

Sch. 1 Pt 3 cl. 14(1) item 14.1 revoked by S.R. No. 38/2013 rule 9.

Sch. 1 Pt 3 cl. 14(1) item 14.4 substituted by S.R. No. 99/2015 rule 6.Sch. 1 Pt 3 cl. 14(1) item 14.5 amended by S.R. No. 181/2014 rule 18(1), substituted by S.R. No. 99/2015 rule 6.Sch. 1 Pt 3 cl. 14(1) item 14.6 inserted by S.R. No. 181/2014 rule 18(2), substituted by S.R. No. 99/2015 rule 6.



82


(2) If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the guardianship list of the human rights division.

15 Human Rights List

(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the human rights list of the human rights division.

15.1 Assisted Reproductive Treatment Act 2008;

15.2 Disability Act 2006 section 50 (decision as to disability), Part 5 Division 3, Part 7, Part 8 Divisions 1, 3 and 5;

15.3 Equal Opportunity Act 2010;

15.4 Health Records Act 2001;

15.5 Information Privacy Act 2000;

15.6 Mental Health Act 1986 section 79 (decisions of Secretary), section 120 (decisions of Mental Health Review Board);

Sch. 1 Pt 3 cl. 14(1) item 14.7 inserted by S.R. No. 99/2015 rule 6.

Sch. 1 Pt 3cl. 15 inserted by S.R. No. 154/2009 rule 10, substituted by S.R. No. 16/2013 rule 27.

Sch. 1 Pt 3 cl. 15(1) item 15.2 substituted by S.R. No. 38/2013 rule 10.



83

15.6A Mental Health Act 2014;

15.6B Privacy and Data Protection Act 2014;

15.7 Public Health and Wellbeing Act 2008 section 122;

15.8 Racial and Religious Tolerance Act 2001;


(2) If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the human rights list of the human rights division.

* * * * *





Sch. 1 Pt 3cl. 16 inserted by S.R. No. 154/2009 rule 10, revoked by S.R. No. 16/2013 rule 28.



84

Part 4—Residential tenancies division16 Residential Tenancies List

(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the residential tenancies list of the residential tenancies division.


16.2 Disability Act 2006 Division 2 of Part 5;

16.3 Housing Act 1983;

16.4 Landlord and Tenant Act 1958;

16.5 Owners Corporations Act 2006 Part 6 and Part 11, Divisions 1, 2, 3 and 4;

16.6 Residential Tenancies Act 1997;

16.7 Supported Residential Services (Private Proprietors) Act 2010 sections 105, 121 and 123;


(2) If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the residential tenancies list of the residential tenancies division.

Sch. 1 Pt 4 new cl. 16 inserted by S.R. No. 181/2014 rule 20.



85

Schedule 2—Forms* * * * *

Sch. 2 Forms 1–3 revoked by S.R. No. 35/2014 rule 22.



86

FORM 4Victorian Civil and Administrative Tribunal Rules 2008

Rule 4.14

VICTORIAN CIVIL AND ADMINISTRATIVE 20 No.TRIBUNAL Registry

Applicant—

Respondent—

SUMMONS TO APPEARTo:

Name—

Address—

You are summoned pursuant to section 104 of the Victorian Civil and Administrative Tribunal Act 1998 to appear before the Victorian Civil and Administrative Tribunal at [address of Tribunal] at a.m./p.m. on [date], or, if notice of a later day is given to you by the Tribunal [or identify party seeking the attendance of the person summoned] or the solicitor for that party, the later day, and until you are excused from further attending

* to give evidence; and

* to produce the following documents—

Principal registrar

Date—

This summons has been issued at the—

* request of the applicant;

* request of the respondent;

* direction of the principal registrar;

* direction of the Tribunal.

*Delete if inapplicable.

Sch. 2 Form 4 amended by No. 16/2013 rule 29.



87

Note:

1. Certain fees and allowances are payable to a witness.

2. Failure to attend at the time and place specified above without reasonable excuse may render you liable to imprisonment, a fine, or both, as well as a daily penalty until you attend or produce the document as required, under section 134 of the Victorian Civil and Administrative Tribunal Act 1998.

3. The Tribunal may direct your apprehension if you fail to attend.



88

FORM 5Victorian Civil and Administrative Tribunal Act 1998


Rule 4.21

ARREST WARRANTTO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF VICTORIA

Arrest [Name] and bring him or her before the Victorian Civil and Administrative Tribunal forthwith to answer a charge of contempt of the Tribunal as follows [insert details of the charge], and if it is not practicable to bring him or her before the Tribunal forthwith, detain him or her in custody, and when it is practicable to bring him or her before the Tribunal, do so forthwith.

Dated

President or Vice President (as the case requires)



89

FORM 6Victorian Civil and Administrative Tribunal Act 1998


Rule 4.22

WARRANT OF COMMITTALTO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF VICTORIA

AND TO THE GOVERNOR OF THE PRISON AT [PLACE]

[Name]

of [Place]

has this day been found guilty of contempt of the Victorian Civil and Administrative Tribunal as follows [insert details of the contempt] and ordered by the Tribunal to be imprisoned for a term of [period]—

You the members of the Police Force are authorised and required to take him or her to the abovementioned prison and deliver him or her to the Governor of that prison together with this warrant.

And you the Governor of the abovementioned prison are authorised and required to receive him or her into your custody in the prison and to imprison him or her for the term specified above.

Dated

President

* * * * *

* * * * *

FORM 9

Sch. 2 Form 7 revoked by No. 35/2014 rule 7(2).


Sch. 2 Form 9 amended by S.R. No. 181/2014 rule 21(a).



90

Victorian Civil and Administrative Tribunal Act 1998


Rule 7A.11

NOTICE (UNDER SECTION 346 OF THE RESIDENTIAL TENANCIES ACT 1997) TO OCCUPANT TO APPEAR

BEFORE TRIBUNALAddress of premises—

1. Take notice that the Victorian Civil and Administrative Tribunal has ordered the occupants of the above premises to appear before the Tribunal sitting at on the day of at a.m./p.m. to show cause why a warrant of possession should not be issued.

2. Take notice that it has been stated that the occupants of the premises include (Names)

but that THIS ORDER APPLIES TO ALL OCCUPANTS OF THE ABOVE PREMISES, WHETHER NAMED OR NOT.

Date:

Principal Registrar

NOTE: Failure to appear may result in the issue of a warrant of possession of the above premises.



91


Rule 7A.12

WARRANT OF POSSESSIONVICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

Registry ref:

RESIDENTIAL TENANCIES LIST

Name of Applicant(s)—

Name of Respondent—

TO: *OFFICER IN CHARGE, POLICE STATION at [place], or

*[Name of authorised person]

TAKE NOTICE that on [date] the Victorian Civil and Administrative Tribunal ordered that the *tenant/*resident vacate *rented premises/*a room and rooming house/*a site or caravan at—

[insert details]

AND that a warrant of possession issue.

YOU are authorised, within [insert number of days, not to exceed 30] days of the day on which this warrant was issued—

(a) to enter the *rented premises/*room and rooming house/*site or caravan, by force if necessary; and

(b) with such assistance as is necessary, to compel all persons for the time being occupying the *rented premises/*room/*site or caravan to vacate and give possession of them to the applicant.

NOTES

1. Section 355(3) of the Residential Tenancies Act 1997 provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods from rented premises or a room in a rooming house or a site or caravan.

Sch. 2 Form 10 amended by S.R. No. 181/2014 rule 21(b).



92

2. Section 355(4) of the Residential Tenancies Act 1997 provides that entry under a warrant of possession must not be made—

(a) between the hours of 6 p.m and 8 a.m; or

(b) on a Sunday or public holiday.

3. Despite note 1, section 360 of the Residential Tenancies Act 1997 provides for the sheriff, after a warrant of possession has been returned to the Principal Registrar, to remove a caravan and any goods of value in it from a caravan park and to store the caravan and goods in a safe place.

Date of issue—[date]

[Signed]

Principal Registrar

*delete if inapplicable



93

FORM 10AVictorian Civil and Administrative Tribunal Rules 2008

Rule 7A.13

WARRANT OF POSSESSION—DISABILITY ACT 2006VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

Registry ref:

RESIDENTIAL TENANCIES LIST

Name of Applicant(s)—

Name of Respondent—

TO: *OFFICER IN CHARGE, POLICE STATION at [place], or

*[Name of authorised person]

TAKE NOTICE that on [date] the Victorian Civil and Administrative Tribunal ordered that the resident vacate a room at—

[insert details]

AND that a warrant of possession issue.

YOU are authorised, within [insert number of days, not to exceed 30] days of the day on which this warrant was issued—

(a) to enter the room and group home, by force if necessary; and

(b) with such assistance as is necessary, to compel all persons for the time being occupying the room to vacate the room and the group home and give possession of them to the applicant.

NOTES

1. Section 85B(3) of the Disability Act 2006 provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods from the room or group home.

Sch. 2 Form 10A inserted by S.R. No. 16/2013 rule 30, amended by S.R. No. 181/2014 rule 21(c).



94

2. Section 85B(4) of the Disability Act 2006 provides that entry under a warrant of possession must not be made—

(a) between the hours of 6 p.m and 8 a.m; or

(b) on a Sunday or public holiday.

Date of issue—[date]

[Signed]

Principal Registrar


* * * * *




95

FORM 12Rule 8.03(2)(a)

APPLICATION FOR USE OF AUDIOVISUAL OR AUDIO LINK


Name of applicant—

Address—

Address for service of documents—

[if different from above]

Name of respondent—

Address—



PART 1—PARTICULARS OF APPLICATIONI, [name of applicant]

of [address of applicant or firm of solicitor for applicant]

request an *audiovisual link/*audio link in accordance with the following details—

1. *Audiovisual/*Audio link—

From [originating city/town/country]

To [receiving city/town/country]

2. Type of hearing

3. Number of persons to appear before, or give evidence by *audio visual/*audio link

4. Suggested time (if any) for link

5. Estimate of duration of link

6. Is this application being made with the consent of the parties to the proceeding?

7. If the answer to question 6 is No, what parties have not given consent?

8. If a hearing date has been fixed, what is the date of the hearing?

Sch. 2 Form 12 inserted by S.R. No. 17/2013 rule 6.



96

Date:

[Signature]

*strike out as appropriate.

PART 2—PARTICULARS OF HEARING(to be completed by the principal registrar)

The application will be heard before [insert name of member], Victorian Civil and Administrative Tribunal, [insert address of location] on [insert date] at [insert time] *a.m./*p.m. or so soon afterwards as the business of the Tribunal allows.

FILED—[insert date].

*strike out as appropriate.



97


APPLICATION FOR LEAVE TO MAKE OR CONTINUE INTERLOCUTORY APPLICATION IN PROCEEDING BY

PERSON SUBJECT TO LIMITED LITIGATION RESTRAINT ORDER

Rule 10.02


Applicant—

Respondent—

(Section 50 of the Vexatious Proceedings Act 2014)

I, [name], a person subject to a limited litigation restraint order [identify the relevant order], apply under section 50 of the Vexatious Proceedings Act 2014 for leave to *make/*continue an interlocutory application in this proceeding.

In accordance with section 51 of that Act, I contend that the interlocutory application is not a vexatious application and that there are reasonable grounds for the application, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

1. leave to *make/*continue the following interlocutory application [specify];

2. [set out any other orders sought].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a) details of each application for leave to proceed made by the applicant;

(b) details of each application for leave to commence or continue a proceeding made by the applicant under




98

section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;

(c) details of each interlocutory application made or proceeding commenced or conducted by the applicant—

(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [insert date]

This application was filed—

*(a) by the applicant in person.

*(b) for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c) for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

Date:

Signed




99


APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION

RESTRAINT ORDERRule 10.03


Applicant—

Respondent—

(Section 52(1) of the Vexatious Proceedings Act 2014)

I, [name], a person subject to an extended litigation restraint order [identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding to which the order relates, namely [identify the relevant proceeding].

In accordance with section 53 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT


1. leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];





(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;




100






FILED [insert date].





The address of the applicant is:

The address for service of the applicant is:

Date:

Signed




101


APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION




Address—




Address—



IN THE MATTER of an application under section 52(1) of the Vexatious Proceedings Act 2014.

I, [name], a person subject to an extended litigation restraint order [identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding *against a person or other entity protected by the order/*in respect of a matter described in the order.

In accordance with section 53 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT


1. leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];






102
















Date:

Signed




103


APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION



Applicant—

Respondent—


I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding].

In accordance with section 55 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT


1. leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];









104













Date:

Signed




105


APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION




Address—




Address—



IN THE MATTER of an application under section 54 of the Vexatious Proceedings Act 2014.

I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to commence a proceeding.

In accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT


1. leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];






106
















Date:

Signed




107



108


NOTICE OF APPLICATION FOR LEAVE TO PROCEEDRule 10.05


Applicant—

Respondent—


TO:

(a) the Attorney-General;

(b) [name of person to be given notice of the application in accordance with the Tribunal's direction, and if more than one, list separately].

TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Tribunal for leave to proceed as follows: [describe the relief sought in the application].Under section 60(2) of the Vexatious Proceedings Act 2014, the Tribunal has directed that notice of the application for leave to proceed be given to you.

This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Tribunal in the application to which this notice relates.

You are entitled to make submissions in relation to the application.

Date:

Any Questions? If you have any questions, please contact the principal registrar's office at VCAT [insert address] Melbourne, Tel: [insert telephone number] Hours: 9:30 am to 4:00 pm each business day.





109


APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

Rule 10.06


Applicant—

Respondent—


I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order [specify details of litigation restraint order] apply for leave to apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.

I contend that leave should be given to *vary the order/*revoke the order on the following grounds: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks leave to apply for—

*1. variation of the order in the following manner [specify variation of order sought];

*1. revocation of the order;










110



Date:

Signed




111


APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

Rule 10.07


Applicant—

Respondent—


I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order [specify details of litigation restraint order] apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.

I contend that the order should be *varied in the manner set out below/*revoked on the following grounds: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT


*1. variation of the order in the following manner [specify variation of order sought];

*1. revocation of the order;










112



Date:

Signed




113


NOTICE OF APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

Rule 10.08


Applicant—

Respondent—


TO:

(a) the Attorney-General;

(b) [name of person to be given notice of the application in accordance with the Tribunal's direction, and if more than one, list separately].

TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Tribunal to vary the litigation restraint order in the following manner [describe variation sought]/*revoke the litigation restraint order.Under section 67(2) of the Vexatious Proceedings Act 2014, the Tribunal has directed that notice of the application for *variation/*revocation be given to you.

This notice is accompanied by a copy of the application for *variation/*revocation and by a copy of every order made or direction given by the Tribunal in the application for *variation/*revocation and in the preceding leave application.

You are entitled to make submissions in relation to the application for *variation/*revocation.

Date:

Any Questions? If you have any questions, please contact the principal registrar's office at VCAT [insert address] Melbourne, Tel: [insert telephone number] Hours: 9:30 am to 4:00 pm each business day.





114

Schedule 3—Revoked Statutory RulesRule 1.04

S.R. No Title

87/1998 Victorian Civil and Administrative Tribunal Rules 1998

93/1998 Victorian Civil and Administrative Tribunal (Amendment No. 1) Rules 1998

















115

S.R. No Title





Dated: 18 June 2008

KEVIN H. BELL, President

MARILYN HARBISON, Vice-President

IAIN J. K. ROSS, Vice-President

M. F. MACNAMARA, Member

MARGARET L. BAIRD, Member ═══════════════



116

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Victorian Civil and Administrative Tribunal Rules 2008, S.R. No. 65/2008 were made on 18 June 2008 by the Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998, under section 157 of the Victorian Civil and Administrative Tribunal Act 1998, No. 53/1998 and came into operation on 30 June 2008: rule 1.03.

The Victorian Civil and Administrative Tribunal Rules 2008 will sunset 10 years after the day of making on 18 June 2018 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).



117

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).



118

2 Table of AmendmentsThis publication incorporates amendments made to the Victorian Civil and Administrative Tribunal Rules 2008 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009, S.R. No. 154/2009

Date of Making: 7.12.09Date of Commencement: 1.1.10: rule 3

Victorian Civil and Administrative Tribunal (Amendment No. 1) Rules 2010, S.R. No. 68/2010






Victorian Civil and Administrative Tribunal (Anti Discrimination List Amendment) Rules 2011, S.R. No. 97/2011


Victorian Civil and Administrative Tribunal (Major Cases List Amendment) Rules 2012, S.R. No. 1/2012




Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013, S.R. No. 17/2013

Date of Making: 11.2.13Date of Commencement: 11.10.13: rule 3(a)





119










Date of Making: 13.5.14Date of Commencement: Rules 23, 24 on 19.5.14: rule 3(1); rules 5–22 on

1.7.14: rule 3(2)



Victorian Civil and Administrative Tribunal (Service Outside Victoria and Other Amendments) Rules 2014, S.R. No. 181/2014


Victorian Civil and Administrative Tribunal (Vexatious Proceedings Amendment) Rules 2014, S.R. No. 182/2014


Victorian Civil and Administrative Tribunal (Default Scale of Costs Amendment) Rules 2015, S.R. No. 6/2015






120

Victorian Civil and Administrative Tribunal (Allocation to Lists Amendment) Rules 2015, S.R. No. 99/2015

Date of Making: 26.08.15Date of Commencement: Rules 5, 6 on 1.9.15: rule 3

Date of Making: 29.9.15Date of Commencement: Rule 5 on 1.10.15: rule 3(1); rules 6, 7 on 6.4.16:

rule 3(2) (same day as Pt 7 of the Justice Legislation Amendment Act 2015)


Date of Making: 28.6.16Date of Commencement: 1.7.16: rule. 3




121



–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



122

3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.



123

4 Explanatory detailsNo entries at date of publication.



124